A Los Angeles judge has denied Erik and Lyle Menendez's petition for a new trial, the latest blow to the brothers' bid for freedom after serving decades in prison for killing their parents in 1989 at their Beverly Hills, California, home.
In a ruling late Sept. 15, Los Angeles Superior Court Judge William Ryan rejected a habeas corpus petition filed by the brothers' attorneys in 2023. The petition had challenged their incarceration based on newly revealed evidence that attorneys say would have changed the outcome of their murder trials.
The attorneys argued that two new pieces of evidence supported their claims that the brothers' father, Jose Menendez, had been sexually abusive. But in the ruling, Ryan said "neither piece of newly discover (sic) evidence is particularly strong."
Ryan noted that while the alleged new evidence "slightly corroborates" that the brothers were sexually abused, it does not negate that the two had acted with "premeditation and deliberation" when they fatally shot their parents.
"The court finds that these two pieces of evidence presented here would not have resulted in a hung jury, nor in the conviction of a lesser-included offense," the judge wrote in his 16-page decision.
The ruling comes weeks after the brothers were denied parole in back-to-back decisions. They now only have one last avenue for freedom from prison, a long-shot clemency request that is still pending with California Gov. Gavin Newsom.
Renewed interest in the case
Lyle Menendez, 57, and Erik Menendez, 54, were found guilty of the murder of their parents, Jose and Kitty Menendez, in 1996 after their first highly televised trial ended in a mistrial. The two, who have been in custody since March 1990, were originally sentenced to two consecutive life terms without the possibility of parole.
At the time of the murders, Lyle Menendez was 21 and Erik Menendez was 18. The brothers initially denied involvement and tried to make the incident look like an organized crime hit.
They later admitted to the killings but said it was self-defense and that they acted out of fear due to years of physical and sexual abuse by their father, who was an entertainment industry executive, and their mother. Prosecutors had argued that the brothers were seeking their parents' multimillion-dollar fortune and highlighted their lavish spending spree shortly after the murders.
The case received renewed attention and support after the popular Netflix show "Monsters: The Lyle and Erik Menendez Story" and the documentary "The Menendez Brothers" were released in 2024. That same year, former Los Angeles County District Attorney George Gascón announced his support for their resentencing so they would be immediately eligible for parole.
New evidence included allegations of sexual abuse against Jose Menendez
In May 2023, the brothers' attorneys submitted new evidence, which included a letter allegedly written by Erik Menendez to his cousin, alluding to abuse by his father, and an affidavit from former boy band member Roy Rossello alleging Jose Menendez sexually abused him in the 1980s.
Rossello, who was a member of the 1980s Puerto Rican boy band Menudo, also alleged in Peacock's 2023 docuseries “Menendez + Menudo: Boys Betrayed" that Jose Menendez drugged and raped him when he was a teenager.
Before he was voted out of office, Gascón said the evidence would be reviewed and considered in his recommendation that the brothers be resentenced. The case faced a setback after Nathan Hochman was elected as the new Los Angeles County district attorney in December 2024, and he expressed that he did not support the brothers' resentencing.
Hochman has also opposed the brothers' habeas corpus petition. In a news conference on Sept. 16, the district attorney called the petition's claims meritless as he detailed how Ryan's ruling affirmed his office's position.
"He basically said that the evidence alleged here is not so compelling that it would’ve produced a reasonable doubt in the mind of at least one juror," Hochman said at the news conference. "That is how deficient, how meritless, how baseless the evidence that has been presented by the Menendez brothers has been in this habeas motion."
Brothers denied parole over inappropriate behavior, contraband cellphones
Despite gaining momentum in their bid for freedom with a May resentencing making them newly eligible for parole consideration, the brothers were denied parole in late August. While parole commissioners praised the brothers for undergoing educational and rehabilitative programs, they cited years of prison infractions in their decisions.
Erik Menendez was the first brother to go before the parole board on Aug. 21. Following a nearly 10-hour-long hearing, California Board of Parole Hearings Commissioner Robert Barton said he continued to pose "an unreasonable risk to public safety."
"Contrary to your supporters' beliefs, you have not been a model prisoner, and frankly, we find that a little disturbing," Barton said, noting reports of inappropriate behavior with visitors, drug smuggling, misuse of state computers, and violent incidents.
And after an over 11-hour proceeding on Aug. 22, Lyle Menendez was also denied parole. Commissioners said he still struggled with "anti-social personality traits like deception, minimization, and rule-breaking," which would pose a risk to the public if he were released from custody.
Commissioners also focused much of their attention during the hearings on both brothers' repeated use of contraband cellphones in violation of prison rules.
The brothers, who are being held at a prison in San Diego, will be eligible again for parole consideration within three years.
Contributing: Jeanine Santucci, Christopher Cann, N'dea Yancey-Bragg, and Karissa Waddick, USA TODAY; Reuters
This article originally appeared on USA TODAY: California judge rejects Menendez brothers’ petition for a new trial
Reporting by Thao Nguyen, USA TODAY / USA TODAY
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